Chapter 17.49
WILDLIFE CORRIDOR OVERLAY ZONE
Sections:
17.49.010 Purpose and objective.
17.49.020 Areas of designation.
17.49.040 Land use regulations.
17.49.050 Conflict regulations.
17.49.060 Development standards and regulations.
17.49.070 Development recommendations adjacent to the wildlife corridor overlay zone.
17.49.080 Wildlife corridor overlay zone protection.
17.49.090 Noncompliance with a wildlife corridor overlay zone.
17.49.010 Purpose and objective.
This chapter allows for the creation of wildlife corridor overlay zones within Eagle Mountain City and creates regulations and protections from development which may adversely impact wildlife and their habitat. This chapter does not change the underlying zoning, but establishes standards, requirements, and procedures for areas where an existing zone and the wildlife corridor overlay zone overlap.
This chapter provides support for and methods by which to preserve wildlife, wildlife habitats, and wildlife migration routes, especially the critical mule deer migration corridor, in and through Eagle Mountain City. This preservation of wildlife habitat and open space is a key strategy identified in the Eagle Mountain City “general plan parks, trails, and open space master plan,” and the “transportation master plan.” Wildlife corridor overlay zones provide a means to reduce the continuing wildlife habitat loss and fragmentation of wildlife habitat and migration routes for native and migrating species, while simultaneously accommodating appropriate improvements to these areas.
Wildlife corridors safeguard and connect wildlife habitats, allowing for movement, migration, foraging, breeding, dispersal of flora and fauna, and connectivity of their habitat. Fragmentation and habitat loss from development and other anthropogenic disturbances, such as roads, structures, excessive noise, and/or excessive movements, can alter daily movement patterns of wildlife, often leading to increased human-wildlife conflict. Preservation of these corridors, along with fencing and safe crossings, will also help to reduce human-wildlife conflict.
By supporting wildlife in the region, wildlife corridor overlay zones may also provide for recreational opportunities, open space preservation, potential tourism, and education for students and residents. [Ord. O-18-2024 § 1 (Exh. A); Ord. O-06-2021 § 2 (Exh. A)].
17.49.015 Definitions.
“Agricultural activities” refer to an activity within a wildlife corridor overlay zone involving farming (raising crops) or ranching (raising livestock). Agricultural activities do not allow for the construction of barns, loafing sheds, greenhouses, or other buildings.
“Anthropogenic” refers to things that have been caused or produced by human activities.
“Connectivity of habitats” refers to how and to what degree distinct patches of habitat are connected to each other, which can influence species preservation and movement.
“Conservation nonprofit organization” refers to a private organization operating under Section 501(c)(3) of the U.S. Internal Revenue Code with the primary purpose of preserving and protecting land in its natural, scenic, historical, recreational, or open space condition.
“Coverage” refers to a raster over a vector layer in a geographic information system (GIS) database that may contain objects such as points, lines, and polygons.
“Critical mule deer migration corridor” refers to Eagle Mountain City’s mule deer migration corridor, and is part of the Utah Wildlife Migration Initiative (Utah Wildlife Migration Initiative-Eagle Mountain). The critical mule deer migration route was established in 2021 by Eagle Mountain City council with data provided by the Utah Division of Wildlife Resources (UDWR). The critical mule deer migration corridor is a vital wildlife corridor subject to additional protections, standards, and regulations, and every effort shall be made to achieve the 330-foot minimum width.
“Development” refers to any practice or activity within a wildlife corridor overlay zone, excluding normal agricultural activities, which changes the basic character and/or function of the landscape, including but not limited to construction, reconstruction, conversion, installation, structural alteration, relocation, mining, excavation, landfill, or land disturbance.
“Fauna” refers to all the animal life in a particular region and/or during a specific time. The words “wildlife” and “fauna” are interchangeable in this chapter.
“Flora” refers to all the plant life in a particular region and/or during a specific time.
“Fragmentation” refers to dividing large and contiguous habitats into smaller, isolated ones. This process directly impacts all flora/fauna species, community structure, and the overall ecosystem within those isolated fragments.
“Home range” refers to the geographic area where fauna spend their lifetime, including where all their resources needed to survive and reproduce are readily available.
“Landscape” refers to the relationships between ecological processes in the environment and a particular ecosystem across a given area and time.
“Motorized machine” refers to any machine, vehicle, or equipment that uses or is activated by any power source, excluding Class 1 eBikes.
“Mule deer migration season” refers to when the mule deer migrate between their winter and summer ranges. The Utah Division of Wildlife Resources defines this season based on the best available science. Mule deer typically migrate through Eagle Mountain City biannually between March 15th and April 30th, and between December 1st and January 15th.
“Natural surface trails” refers to trails where the predominant surface is the native substrate, and the trail is designed and managed. These are also referred to as dirt trails.
“Natural wash” refers to a dry creek bed where water can flow upon sufficient moisture through the creek. These often have narrow and steep sides marking the course of a fast-moving stream. Washes typically have flowing water during normal spring runoff and/or rainstorms.
“Nesting season” refers to the period of the year in which birds are building nests and raising young, generally from March 15th through July 31st. The phrase includes any nesting period for documented bird species within a wildlife overlay zone.
“Riparian” refers to semiterrestrial/semiaquatic transition areas influenced by fresh water. These usually extend from the edges of water bodies to the edges of upland communities.
“Sensitive areas” refer to areas that include migration routes, nesting grounds/boxes, natural wash, recently planted/seeded or seedlings, habitat improvements, and other regions deemed sensitive by Eagle Mountain City, Utah DWR, or other public land management agencies.
“Special use permit” refers to a legal document such as a permit, term permit, lease, or easement allowing occupancy, use, rights, or land privileges. Authorization is granted for a specific land use for a specified time.
“Wildlife” refers to wild animals and vegetation, especially animals living in a natural, undomesticated state.
“Wildlife corridor” refers to an area or areas designed to move wildlife safely across the landscape. Wildlife corridors are often called habitat corridors, migration routes, or green corridors. These are areas of habitat connecting wildlife populations.
“Wildlife crossing structure” refers to a structure such as a culvert, bridge, or underpass that could contain features that enhance its suitability for use by wildlife to safely cross human-made barriers such as roads or highways. Examples of such features include the presence of vegetation providing cover or habitat near the entrances and/or natural light visible at the opposite entrance.
“Wildlife habitat” refers to the combination of food, water, shelter, and space arranged to meet the needs of wildlife.
“Wildlife impermeable fencing” refers to a seven-foot or taller fence or wall, other than a retaining wall, that prevents various species of wildlife from freely passing through.
“Wildlife migration route” refers to the geographic path along which wildlife typically migrate.
“Wildlife permeable fencing” refers to a wildlife-friendly fence visible to ungulates and birds, which allows wildlife to jump over or crawl under safely, and provides wildlife access to essential habitats and travel corridors. [Ord. O-18-2024 § 1 (Exh. A); Ord. O-06-2021 § 2 (Exh. A). Formerly 17.49.040].
17.49.020 Areas of designation.
Wildlife corridor overlay zones shall be approved by the city council in accordance with the rezone process outlined in EMMC 17.90.050, shall be digitized in GIS, and shall be housed on a server by Eagle Mountain City. This GIS data shall be updated as new wildlife corridor overlay zones are created or amended. These shall be included in the city’s official digital zoning map, which shall be available to the public and be maintained by city staff. A new or amended wildlife corridor overlay zone shall include one or more of the following:
A. Essential wildlife corridors, wildlife habitat, and/or landscape linkages.
B. Areas identified using scientific data by city officials, county officials, state officials, nongovernmental organizations, and/or federal agencies that can show seasonal habitat use within the home range of an individual species.
C. Wildlife habitat areas used by species that are unique, rare, threatened, endangered, or otherwise deemed to be of significance to Eagle Mountain City; a listed species and/or critical habitat designation by the U.S. Fish and Wildlife Service; or a species and/or habitat of special concern to the Utah DWR, the Bureau of Land Management, and/or other government agencies.
D. Natural geographic or topological areas such as gulches, washes, riparian areas, drainages, ridge tops, or other significant habitats are used to connect, link, and/or safeguard habitats. These may include watering areas and/or microhabitats such as natural riparian areas or traditional/historic nesting locations. [Ord. O-18-2024 § 1 (Exh. A); Ord. O-06-2021 § 2 (Exh. A)].
17.49.030 Applicability.
A. Partial Coverage. If a portion of a property is located within the wildlife corridor overlay zone, the standards, requirements, and procedure of this chapter shall only apply to the portion of the property that is located inside the wildlife corridor overlay zone.
B. Corridor Width. The recommended minimum width for a wildlife corridor overlay zone used by large mammals (pronghorn or bigger) is a recommended minimum width of 330 feet wide. The United States Department of Agriculture National Agroforestry Center, the U.S. Forest Service, and the Natural Resources Conservation Service utilized over 1,400 peer-reviewed research publications to determine the necessary width for large mammals. Wherever possible, the city shall make every effort to safeguard the 330-foot minimum width within the critical mule deer migration corridor. Road crossings and other constrained areas such as topographical barriers, existing developments, and infrastructure such as roads, highways, or essential public service facilities may require a reduced width for short distances.
C. Natural Wash. When applying the wildlife corridor overlay zone to any linear features such as a wash, stream, gulch, or creek, as recorded on the United States Geological Survey 1:24,000 topographic maps, a 75-foot buffer on both sides of the wash shall be required. This 75-foot buffer shall be determined by measuring/surveying from the bottom of the wash. The best available scientific methods will be used to determine where the bottom of the wash is geographically located. This will be determined by a qualified hydrological engineer or qualified city staff. This 75-foot buffer shall be clearly marked either by the developer, city, or property owner. These points/lines shall be surveyed, and the location data shall be housed on an Eagle Mountain City server in their zoning or open space GIS database. Existing master development agreements and plat maps previously approved by the city council before this chapter existed are excluded from this requirement. This setback adds an additional layer of protection to:
1. Minimize erosion;
2. Prevent property loss;
3. Discourage property owners from building on highly erodible soils;
4. Help with bank stabilization;
5. Prevent or minimize water pollution; and
6. Protect sensitive flora, fauna, and sensitive habitat (see map below).
[Ord. O-18-2024 § 1 (Exh. A); Ord. O-06-2021 § 2 (Exh. A)].
17.49.040 Land use regulations.
The land use regulations shall be those of the underlying zoning with which the wildlife corridor overlay zone is combined, unless modified by the overlay zone. [Ord. O-18-2024 § 1 (Exh. A); Ord. O-06-2021 § 2 (Exh. A). Formerly 17.49.050].
17.49.050 Conflict regulations.
Where any provision of federal, state, county, or city statutes, codes, or laws conflicts with any provision of this chapter, the most restrictive shall govern, unless enforcement will result in a violation of the federal, state, county, or city statutes, codes, or laws. [Ord. O-18-2024 § 1 (Exh. A); Ord. O-06-2021 § 2 (Exh. A). Formerly 17.49.060].
17.49.060 Development standards and regulations.
A. The following standards and regulations shall be employed to ensure the resources comprising the wildlife corridor overlay zones are impacted to the least possible extent. The standards ensure that the landscape will remain connected, and the resources can function in a natural state. The following applies to all subsections of this section:
1. The city’s wildlife biologist/environmental planner’s opinion shall be weighted heavily with any development in the wildlife corridor overlay zone. If this person is not available, the city shall seek outside opinions from federal agencies, state agencies, and/or from an environmental consulting firm that has a local wildlife biologist on staff. Additionally, the city may seek opinions from local conservation experts.
2. All development and building applications will include a georeferenced coverage of any proposed disturbed vegetation within a wildlife corridor overlay zone.
3. Altered, disturbed, or destroyed wildlife habitat or public trails or amenities within a wildlife corridor overlay zone due to development activities shall be restored to pre-development conditions.
4. No development shall occur in the critical mule deer migration corridor, except for safety mitigating measures and outdoor recreational amenities, if the approval authority believes the amenity is in the public’s best interest and will not significantly impact wildlife and the surrounding habitat. Where possible, the public amenity will be placed on the corridor’s outer border to minimize the destruction of habitat and human-wildlife conflicts.
These standards and regulations are applicable to all development activities that occur within a wildlife corridor overlay zone:
B. Open Space Credit/Density Transfer.
1. The developer may be awarded amenity points toward the requirements of EMMC 16.35.105 for public trails, observation structures, and other passive recreation improvements built within the wildlife corridor overlay zone, as approved by the city.
2. The developer may be granted credit for improved open space areas for significant buildable property made unbuildable by this wildlife corridor overlay zone, as approved on a case-by-case basis by the approval authority.
3. The approval authority, at its discretion, can permit the transfer of densities that would have been located on buildable property inside a wildlife corridor to a more suitable location within the same master development plan (MDP) or project. The overall density of the MDP or individual planning area cannot exceed the original entitlement.
4. The city may utilize other tools to aid in the application of the wildlife corridor overlay zone on a property, as approved on a case-by-case basis by the approval authority.
C. Fragmentation. To avoid fragmentation of a wildlife corridor overlay zone, any development shall be designed and planned to maintain ecological functions and the connection of contiguous habitats to protect critical resources and species preservation. Any obstructions within the wildlife corridor overlay zone created by development, other than approved roadways, outdoor recreational public amenities which do not significantly impact wildlife and their habitat, underground utility lines, or safety mitigating measures, are not permitted.
D. Construction Period. No construction or development within a wildlife corridor overlay zone shall occur during the mule deer migration or bird nesting season (see EMMC 17.49.015, the Migratory Bird Treaty Act, and the Eagle Protection Act) to minimize disturbances of ecologically important events.
E. Vegetation and Revegetation. Desirable vegetation shall be retained and protected wherever possible. An approved seed mix and a list of desirable shrubs, plants, and trees shall be maintained by the parks and recreation director and used to revegetate any disturbed area within a wildlife corridor overlay zone.
1. Property historically used for agricultural activities is exempt from this requirement, unless the landowner grants the city or another organization permission to restore the land to an acceptable wildlife habitat.
F. Underground Utility Construction. The construction of underground utility lines involving installation, maintenance or repair shall be subject to the following criteria:
1. Trenches no longer than half the width of the wildlife corridor, and not to exceed 165 feet wide, are to be opened at one time.
2. Wherever possible, trenches will not remain open for more than 72 hours.
3. During periods when active construction is not occurring, trenches shall be covered to prevent wildlife access, surrounded by temporary wildlife impermeable fencing, or include escape ramps with slopes of 45 percent or less at either end of the trench.
4. Excavated material is to be placed on the uphill side of trenches, whenever possible.
5. Trench dewatering devices shall discharge in a manner which will not adversely affect flowing streams, drainage systems, or off-site property.
Disturbed areas are to be revegetated with city-approved grasses, shrubs, and trees.
G. Fencing and Walls.
1. All fencing located within the wildlife corridor overlay zone needs city council approval after receiving recommendations from the city’s wildlife biologist/environmental planner.
2. Wildlife impermeable fencing is not permitted within the wildlife corridor overlay zone unless it is necessary to mitigate human-wildlife conflicts and public safety. Wildlife impermeable fencing must follow the following criteria:
a. A fence or wall, other than a retaining wall, greater than or equal to seven feet above grade shall be installed. A seven-foot field wire mesh fence is the preferred method of fencing in residential areas.
b. The wildlife impermeable fencing shall safely and effectively prohibit fauna from traversing the landscape on the other side of the fence. Depending on the type of targeted species, some areas shall require wire to be buried below grade.
3. Wildlife permeable fencing for agricultural purposes that permits wildlife movement through the wildlife corridor is allowed if approved by the planning director. The following standards shall apply:
a. If the planning director determines that the fencing meets the standards found in the Natural Resources Conservation Service (NRCS) “Wildlife Friendly Fencing” guidelines, these guidelines shall be followed. Existing fencing used for agricultural purposes is exempt from these requirements.
b. The planning director shall approve any other fencing practices employed that the landowner could demonstrate would allow wildlife to move freely through the corridor.
4. All other fences or walls are prohibited unless otherwise approved by the city.
H. Natural Surface Trails.
1. Natural surface trails are permitted within the wildlife corridor overlay zone to provide public use, access, and education; however, they must mitigate any negative impact on wildlife and habitat as best as possible.
2. These trails may include the trail itself, trail facilities such as trailheads, trailhead parking, restrooms, and pavilions so long as these features do not impede wildlife movements or disturb, obstruct, or fragment habitat.
3. After receiving a recommendation from the city’s wildlife biologist/environmental planner, the city’s approval authority shall decide whether a natural surface trail or trail facility should be located within a wildlife corridor overlay zone. If a natural surface trail or trail facility is approved within the wildlife corridor overlay zone, the trail or trail facility should be located along its perimeter, where possible.
I. Wildlife Crossing Structures. To aid in wildlife access and movement through the corridor, wildlife crossing structures are permitted and encouraged over and under roads and highways. When installing any wildlife crossing structures, devices, or technologies, minimum standards from the Federal Highway Administration’s Wildlife Crossing Structure Handbook shall be followed.
J. Public Use. Wildlife crossing structures may include natural surface trails or paths for the public if they do not negatively impact wildlife from using the crossing. Public uses may be seasonally restricted due to migrating wildlife and on occasion to avoid human-wildlife conflicts.
K. Feasibility. In situations where a wildlife crossing structure over or under a road is not possible, an alternative at-grade wildlife crossing is acceptable.
L. At-Grade Crossings. The preferred at-grade wildlife crossing is a combination of impermeable wildlife fencing on both sides of the opening, and an advanced animal detection system located in the wildlife crossing, alerting drivers of possible animals crossing. At a minimum, wildlife impermeable fencing or an advanced animal detection system shall be installed. When installing an at-grade crossing, the following design criteria should be included:
M. Light Pollution. Lighting is prohibited within a wildlife corridor overlay zone, unless approved by the city for safety reasons after receiving a recommendation from the city’s wildlife biologist/environmental planner. If lighting is deemed necessary for safety reasons, the following requirements must be met in addition to complying with Chapter 17.56 EMMC, Outdoor Lighting Standards:
1. Any outdoor lighting used in a wildlife corridor overlay zone shall be designed to mitigate the adverse effects on wildlife, and not attract insects by limiting the color temperature and brightness.
a. The color temperature should not exceed 3,000 Kelvin.
b. The light output of individual fixtures should not exceed 850 lumens.
c. Lighting for outdoor recreational facilities shall not be mounted any higher than 15 feet above the ground.
2. The following items are exempt from the above requirements:
a. When working on approved wildlife corridor projects, lighting is permissible during active construction hours, but shall be turned off from 10:00 p.m. through 6:00 a.m.
b. The lighting of communication facilities should not exceed the minimum requirements established by the Federal Aviation Administration. [Ord. O-18-2024 § 1 (Exh. A); Ord. O-06-2021 § 2 (Exh. A). Formerly 17.49.070].
17.49.070 Development recommendations adjacent to the wildlife corridor overlay zone.
Land adjacent to the overlay district is encouraged to be developed with the following considerations:
A. Consultation. Property owners and developers of land adjacent to the wildlife corridor overlay zone are encouraged to consult with the city wildlife biologist/environmental planner, an environmental consulting firm, or other qualified wildlife biologist for guidance on appropriate development adjacent to the corridor.
B. Light Pollution. In addition to compliance with Chapter 17.56 EMMC, Outdoor Lighting Standards, properties adjacent to the wildlife corridor overlay zone are encouraged to consider the following:
1. Color and Brightness. Outdoor lighting should use lighting that does not affect wildlife or attract insects by limiting the color temperature and brightness:
a. Color temperature should not exceed 3,000 Kelvin.
b. Light output of individual fixtures should not exceed 850 lumens.
2. Outdoor Recreation Lighting. Lighting for outdoor recreational facilities directly adjacent to the overlay zone is recommended to be mounted no higher than 15 feet above the ground.
3. Exceptions. The following items are exempt from these recommendations:
a. Temporary lighting for construction. Permissible during construction hours but shall be turned off otherwise.
b. Temporary emergency lighting.
c. Wireless communication facilities. Lighting should not exceed the minimum requirements established by the Federal Aviation Administration.
C. Construction Near a Wildlife Corridor. No construction or development within 90 feet of the critical mule deer migration route of a wildlife corridor overlay zone shall occur during the mule deer migration and bird nesting season (see EMMC 17.49.015, the Migratory Bird Treaty Act, and the Eagle Protection Act) to minimize disturbances of ecologically important events. After receiving recommendations from the city wildlife biologist/environmental planner, the city council may consider requests for a variance to the distance requirement listed in this subsection.
D. Vegetation. Developers are encouraged to integrate city-approved grasses, forbs, shrubs, and trees into their landscape plan. [Ord. O-18-2024 § 1 (Exh. A); Ord. O-06-2021 § 2 (Exh. A). Formerly 17.49.080].
17.49.080 Wildlife corridor overlay zone protection.
A. Conservation and Stewardship. Land within the wildlife corridor overlay zone may be further protected using any of the three methods listed here.
1. Dedication for Public Use. The land may be dedicated to Eagle Mountain City or to an accredited land trust organization that holds easements on land in Utah. A list of accredited Utah land trust organizations can be found here: Accredited land trust organizations in Utah.
2. Private Land Conservation. Any private land, whole or a portion thereof, may apply for a conservation easement on that land and would be the preferred method of conservation. The easement may be held by Eagle Mountain City, a public agency that currently holds conservation easements, or an accredited land trust organization that preserves land in Utah.
3. Homeowners’ Association. Every preliminary plan that includes natural or improved open space within a development within a wildlife corridor overlay zone shall be accompanied by:
a. A conservation easement or deed restrictions which protect that portion of the development as open space; and
b. Covenants, conditions, and restrictions (CC&Rs) for a homeowners’ association in which all lot owners shall be members. The CC&Rs will include established requirements for maintaining and monitoring conditions of the easement or deed restrictions and preservation of natural and improved open space required by this chapter. These documents shall be recorded with the final plat, upon their approval.
B. Sensitive Areas. Sensitive areas within the overlay zone shall be protected from human activity by minimizing access into or through the sensitive areas.
C. Recreational Vehicles/Motorized Machines. No recreational vehicles (excluding Class 1 eBikes), such as off-highway vehicles (OHVs), shall be allowed in the corridor during the mule deer migration season, except for corridor maintenance and private landowner use. No new off-road vehicle trails will be constructed where the corridor is at its minimum width to minimize recreational vehicles’ negative impacts. Recreational vehicles are permitted to cross wildlife corridor overlay zones on established trails year-round, excluding seasonal closures.
D. New Roads. New roads within a wildlife corridor overlay zone shall be limited and only approved when included on the city’s transportation master plan or when no other reasonable alternatives are available for access to a development or neighborhood.
E. Off-Highway/Motorized Vehicle Trails. No new off-road vehicle trails are allowed in the critical mule deer migration corridor.
F. Seasonal Closures and/or Limited Hours. To ensure the success of a wildlife corridor overlay zone and to minimize human-wildlife conflicts, the city may temporarily close or limit the hours of operation of any public amenity, including recreational roads and trails.
G. Domesticated Animals. To ensure minimal conflicts with wildlife in areas where domesticated animals (livestock, pets) are kept within a wildlife corridor overlay zone, homeowners and/or landowners must at a minimum adhere to rules/regulations found in Chapter 6.10 EMMC, Animal Zoning Regulations. [Ord. O-18-2024 § 1 (Exh. A); Ord. O-06-2021 § 2 (Exh. A). Formerly 17.49.090].
17.49.090 Noncompliance with a wildlife corridor overlay zone.
Any person or entity violating this chapter’s rules, regulations, or ordinances shall, upon notice by a representative of the city, immediately cease all activities on the parcel until the violation has been resolved and the disturbed area has been restored to an acceptable natural state as approved by the city, after receiving a recommendation from the city wildlife biologist/environmental planner.
The violating person or entity shall consult with the city’s wildlife biologist/environmental planner and the city engineer to develop and submit a plan to bring about successful remediation and restore the disturbance or area of violation to an acceptable natural state.
If a responsible person or entity fails to submit a detailed remediation plan to the city to bring a violation into compliance as determined by the city’s wildlife biologist/environmental planner and complete the remediation work within 10 business days of service of the notice of violation, civil penalties shall be owed to the city at a rate of no more than $1,000 per day for each violation. Each day of violation shall constitute a separate violation. These fines shall be exclusively used for conservation and land stewardship purposes.
A. Measuring Civil Penalties. In assessing any monetary penalty, the city may consider:
1. The harm done to the public health or the environment;
2. Whether the penalty imposed will be a substantial economic deterrent to the illegal activity;
3. The economic benefit gained by the violator;
4. The amount of effort put forth by the violator to remedy this violation;
5. Any unusual or extraordinary enforcement costs incurred by the municipality;
6. The amount of penalty established by ordinance or resolution for specific categories of violations; and
7. Any equities of the situation that outweigh the benefit of imposing any penalty or damage assessment.
B. Recovery of Damages and Costs. In addition to the civil penalty above, the municipality may recover all damages caused by the violator to the city, which may include any reasonable expenses incurred in investigating violations of and enforcing compliance with this chapter or any other actual damages caused by the violation.
C. Other Remedies. The municipality may bring legal action to enjoin the continuing violation of this chapter, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.
D. Remedies Cumulative. The remedies outlined in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, of one or more of the remedies. [Ord. O-18-2024 § 1 (Exh. A)].